§ 49-22-03 — Definitions

In this chapter, unless the context or subject matter otherwise requires:
1. "Backup electric generation" means electric generation that is not interconnected with
the grid and is generated on a temporary basis to replace primary source electric
generation when unavailable.
2. "Certificate" means the certificate of site compatibility or the certificate of corridor
compatibility issued under this chapter.
3. "Commission" means the North Dakota public service commission.
4. "Construction" includes a clearing of land, excavation, or other action affecting the
environment of the site after April 9, 1975, but does not include activities:
a. Conducted wholly within the geographic location for which a utility has previously
obtained a certificate or permit under this chapter, or on which a facility was
constructed before April 9, 1975, if:
(1) The activities are for the construction of the same type of facility as the
existing type of facility as identified in a subdivision of subsection 6 or 7 or in
subsection 14 of this section and the activities are:
(a) Within the geographic boundaries of a previously issued certificate or
permit;
(b) For an electric energy conversion facility constructed before April 9,
1975, within the geographic location on which the facility was built; or
(c) For an electric transmission facility constructed before April 9, 1975,
within a width of three hundred fifty feet [106.68 meters] on either side
of the centerline;
(2) Except as provided in subdivision b, the activities do not affect any known
exclusion or avoidance area;
(3) The activities are for the construction:
(a) Of a new electric energy conversion facility;
(b) Of a new electric transmission facility;
(c) To improve the existing electric energy conversion facility or electric
transmission facility; or
(d) To increase or decrease the capacity of the existing electric energy
conversion facility or electric transmission facility; and
(4) Before conducting any activities, the utility certifies in writing to the
commission that:

(a) The activities will not affect a known exclusion or avoidance area;
(b) The activities are for the construction:
[1] Of a new electric energy conversion facility;
[2] Of a new electric transmission facility;
[3] To improve the existing electric energy conversion or electric
transmission facility; or
[4] To increase or decrease the capacity of the existing electric
energy conversion facility or electric transmission facility; and
(c) The utility will comply with all applicable conditions and protections in
siting laws and rules and commission orders previously issued for any
part of the facility.
b. Otherwise qualifying for exclusion under subdivision a, except that the activities
are expected to affect a known avoidance area and the utility before conducting
any activities:
(1) Certifies in writing to the commission that:
(a) The activities will not affect a known exclusion area;
(b) The activities are for the construction:
[1] Of a new electric energy conversion facility;
[2] Of a new electric transmission facility;
[3] To improve the existing electric energy conversion facility or
electric transmission facility; or
[4] To increase or decrease the capacity of the existing electric
energy conversion facility or electric transmission facility; and
(c) The utility will comply with all applicable conditions and protections in
siting laws and rules and commission orders previously issued for any
part of the facility;
(2) Notifies the commission in writing that the activities are expected to impact
an avoidance area and provides information on the specific avoidance area
expected to be impacted and the reasons why impact cannot be avoided;
and
(3) Receives the commission's written approval for the impact to the avoidance
area, based on a determination that there is no reasonable alternative to the
expected impact. If the commission does not approve impacting the
avoidance area, the utility must obtain siting authority under this chapter for
the affected portion of the site or route. If the commission fails to act on the
notification required by this subdivision within thirty days of the utility's filing
the notification, the impact to the avoidance area is deemed approved.
c. Incident to preliminary engineering or environmental studies.
5. "Corridor" means the area of land where a designated route may be established for an
electric transmission facility.
6. "Electric energy conversion facility" means a plant, addition, or combination of plant
and addition, excluding onsite backup electric generation, designed for or capable of:
a. Generation by wind energy conversion exceeding one-half megawatt of
electricity;
b. Generation by any means other than wind energy conversion exceeding fifty
megawatts of electricity; or
c. Utility-scale energy storage.
7. "Electric transmission facility" means an electric transmission line and associated
facilities with a design in excess of one hundred fifteen kilovolts. "Electric transmission
facility" does not include:
a. A temporary electric transmission line loop that is:
(1) Connected and adjacent to an existing electric transmission facility that was
sited under this chapter;
(2) Within the corridor of the sited facility and does not cross known exclusion
or avoidance areas; and
(3) In place for less than one year; or

b. An electric transmission line that is less than one mile [1.61 kilometers] long.
8. "Facility" means an electric energy conversion facility, electric transmission facility, or
both.
9. "Permit" means the permit for the construction of an electric transmission facility within
a designated corridor issued under this chapter.
10. "Person" includes an individual, firm, association, partnership, cooperative,
corporation, limited liability company, or any department, agency, or instrumentality of
a state or of the federal government, or any subdivision thereof.
11. "Power emergency" means an electric transmission line and associated facilities that
have been damaged or destroyed by natural or manmade causes resulting in a loss of
power supply to consumers of the power.
12. "Public hearing" means a proceeding conducted for the purpose of acquiring
information that will be considered in a certificate or permit action evaluation and which
affords the public an opportunity to present views, opinions, and information.
13. "Repower" means construction activities to completely or partially dismantle and
replace turbine equipment at an existing wind energy conversion facility site that result
in an increase of the facility's generation output potential or turbine height. The term
does not include routine turbine maintenance or routine replacement of malfunctioning
turbines or turbine components.
14. "Route" means the location of an electric transmission facility within a designated
corridor.
15. "Site" means the location of an electric energy conversion facility.
16. "Utility" means a person engaged in and controlling the electric generation, the
transmission of electric energy, or the transmission of water from or to any electric
energy conversion facility.
17. "Utility-scale energy storage" means a plant, addition, or combination of plant and
addition, designed for operation as a grid resource and capable of five megawatts or
more of rated power capacity.